India's rights revolution
India is in the grip of a "rights" revolution. The poor stand to benefit most, as they gain legally enforceable rights. These guarantee them education, food, health, a public works-for-cash programme and government information, among other things.
Ensuring the basics in life remains the biggest challenge for India, six decades after independence.
Take food. Some 43% of Indian children younger than five are underweight - far above the global average of 25% or sub-Saharan Africa's 28%. India is a lowly 65th among 84 countries in the Global Hunger Index. Half of the world's hungry people live in India.
So the proposed right to food, entitling a poor family to 25kg of rice or wheat at three rupees (seven cents) a kilogram is good news. The bad news is that identifying the deserving poor is a challenge - there are four different government estimates of the very poor or below poverty line (BPL) people floating around. States may inflate numbers of beneficiaries to corner more federal benefits. Then there is the notoriously leaky public distribution system, from where food is often siphoned off by a triad of low-level bureaucrats, shop owners and middlemen.
Nobody can deny that the right to education - every child aged 6-14 can demand free schooling - is critical: an estimated eight million children in that age group do not attend school in India. India's 61% literacy rate lags behind Kenya's 85%. But critics point to a lack of teachers - India would need more than a million teachers just to implement the right - and say there are simply not enough schools to cope with the increased demand.
Rights don't work miracles. But activists say they are an urgent social intervention to empower the poor in a highly iniquitous society, where it is difficult for the poor to access officials to air their grievances and secure their entitlements. "In a hierarchical society, rights-based movements are a way of moving towards equality," says leading political scientist Mahesh Rangarajan. Also, they put pressure on the state to deliver - the right to information, despite glitches, is making government more accountable.
Studies show that sensitive political and bureaucratic leadership combined with grassroots awareness and an engaged local media can translate rights into reality and improve the lives of the poor. Activists point out that money is not a problem - the economy is doing well, revenues are buoyant, federal health and education outlays have been increased. The government has pledged more than $5bn to send 10 million poor children to school.
The cynicism over rights mainly comes from India's burgeoning educated upper middle class. It is mostly not engaged with public institutions at all - its members rarely serve in the lower ranks of the armed forces, teach in state schools or work for the government. Yes, there are valid concerns about whether the state has the capacity to deliver on rights. Yes, the Indian state continues to focus on maintaining law and order and collecting revenue. Delivering services is not its strength. Rights could actually help it move towards a functioning welfare state. I would like to hear stories from you - and people you may know - who are reaping the benefits of the rights revolution.
~RS~q~RS~~RS~z~RS~41~RS~)
Comments
Sign in or register to comment.
India has laws but no justice. There is a huge difference to pass a law in parliament and implementing it true to its spirit. General people are not much bothered about what is written in a book called “constitution” they are more affected by how they experience it in their day-to-day lives. Take for example, Right to Education Bill. Neither federal nor state government has arranged the required money for its proper implementation. There is high doubt how the huge money will be spent and who will supervise it, how accountability will be implemented. Another good example is much hyped National Rural Employment Guarantee Act. It’s success rate in mere ~6%. In many published reports (e.g. [Unsuitable/Broken URL removed by Moderator]) “The non-poor benefited more from the NREG”; “Conversely, in areas where poorer and illiterate participants are in greater numbers, they are likely to experience more corruption from government officials during the Implementation because they possess less information on the benefits accruing to a participant in the NREG.”; “In practice, however, only 6 per cent of households registered under NREGS achieved that target, according to a study by the Society for Participatory Research in Asia (2007) ([Unsuitable/Broken URL removed by Moderator]) ).
Even the most successful “Right to Information” bill provided info to public only to 27% of the applicants. Govt and Indian bureaucracy (worst in South-Asia as per report) try their best to shield any sensitive information that can embarrass the govt or the ruling coalition parties.
Now hardly any sensible person goes to court or police to seek justice. Corporate governance is almost non-existent there. No Toyota car or any other car has ever been recalled in India; It’s beyond our wildest dream that rich and powerful industrialist like Ambanis can ever been punished after being convicted for crime and/or corruption. Quality of education, and more importantly, research is falling down fast despite of huge increase in funding, as per published data. Most of India’s democratic institutions are ruined over time and has lost trust of common people. As a result we are witnessing an ever increasing reach of Maoist-naxal extremism, as mentioned in another blog by Soutik (“Today 223 districts – India has 636 districts – in 20 states are “Maoist affected”, up from 55 districts in nine states six years ago”). If Indian policy makers think that they can win over the extremist violence happening almost all over India by army or police then they are still living in their fool’s world.
Complain about this comment
Politicans are willing to put many things on paper as that is not the same as actually doing things. We all know that the Soviet constitution provided many "rights" to its citizens but in reality they did not exits and this is also true in many countries today. The reality is that when segements of a populations that have not had opportunities are given such opportunities the economy and well-being of a nation will grow. Human beings are insecure and selfish and do not wish to share with others as they think they will be required to give something up if they do. Brains are where you find them and it to the disadvantage to everyone that opportunities are denied as we never know what we will miss buy not providing opportunities to others. We rationalize that the poor are the poor because of some fate or lack of effort and that we are doing better because of our own efforts alone. Human beings thump their chest and point to technology and fail to recognize our own ignorance. Having better things is not the same as being better people.
Complain about this comment
Soutik: I agree with Jay. In India we have laws but they do not work. If you file a civil suit, it may take more than decade to get a decree. Then it will take months to obtain a decree copy and filing Execution Petition. You have to bribe your way across but the result is not assured even if your case stands at the extreme right side of the law. The system has been fully hijacked by law breakers fully abetted by lawyers for delaying justice. Any measure to hasten the process will be halted by advocates who thrive on the inefficiency of this system. In India the line which divides criminals and politicians is very blurred.
Banks in India incur huge losses by way of 'out of court settlement' with rich industrial houses and individuals with good means but unwilling to pay because they are aware that legally Banks cannot recover the dues. This is big slice of the price paid for subsidizing the inept judicial system in this land. Because other than Government Banks no sane person or corporation will run to a Indian Court for recovery. A decade back the Government realized that imperceptibly slow judicial system can ruin the banks and came out with Debt Recovery Tribunals (DRT) to accelerate the system in respect of Bank cases for loans Rs. 1 million and above. It looked attractive in paper but it did not work. Then the Government came out with an Act called Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act hoping it will help the Banks to realize the dues wherever there is collateral. The advocates described this as draconian for the simple reason it worked fast. But the interpretation of the Act is so varied in courts of various federal states that obtaining a stay in DRT (where an appeal can be made) is very simple. Further the will to implement this Act is not there in the DRTs and therefore this Act is getting entangled in legal quagmire. The advocates are now happy and so are the people/corporations who willfully default. India is a haven for them.
Do you know who in India is the biggest litigant with maximum number of cases filed in Courts? The Government.
Except Government, Government Organizations and insane people no one else will enter the precincts of a court in India.
Complain about this comment
This comment was removed because the moderators found it broke the House Rules.
Right to education in India?!!! Is it a joke?! From where you are going to get the money for it? In Indian budget we spend maximum for the defence to buy arms (ie. give maximum amount of our budget to rich arms manufacturing countries to make them more rich) and spend minimum for the education. We do exactly opposite of what the developed countries do. So, RTE will be just on the paper as many other rights in India. As an example, India is a country which has signed the treaty against the child labour. But it is the country which employs the maximum number of children in the world!! India likes to boast and waste money for unnecessary things like going to the moon to find out water, whereas it is not able to provide drinking water to its citzen on the earth. We do not start with basic things but we go for the higher things as we are a very rich country. I don't know when thease things will get into the head of the honorable ministers?!
Complain about this comment
>>> In Indian budget we spend maximum for the defence to buy arms
otherwise you will be having same fate as Iraqi citizens and journlist :) did you see the latest videos ? was it published in BBC ?
U.S. Military Deaths (Afghanistan) 796
U.S. Military Wounded (Afghanistan) 2046
U.S. Military Deaths (Iraq) 4331
U.S. Military Wounded (Iraq) 31463
Excess Iraqi deaths 655000
You would donot want to be part of that ( Excess Iraqi deaths 655000 ) i guess :)
Complain about this comment
The main problem that ruined all our democratic, educational and research institutions are: gradual erosion of internal control mechanism. No body asks question to higher authority. There is no accountability- be it a public servant or a private industry executive. A faulty policy never been challenged by civil servants or junior ministers or lower ranking executives in a private company. Politicians are in no mood to allow democracy within their own parties. Almost every political leader promotes his/her own kids to inherit power.
The same is true for education-Research institute (sometimes the kids are biological ones while most of the time it is the adopted ones who passed on time-tested, unquestionable loyalty test. Almost every government recruitment is political now, starting from the vice chancellor or director of national institute or governor of a state or a forth grade clerk in a primary school. When our political master tells us about “indigenously” developed missile or GSLV rockets, no one really cares how much indigenization is there! In a recent parliamentary standing committee report (2008), DRDO’s (and probably with ISRO too) level of indigenization is only 30%, at best. So how does it qualify for a machine with 70% or more foreign parts and expertise as “indigenous” as we see huge advertisements in media (newspaper, TV etc) by the custodians of Indian democracy? When some embarrassing news arises due to sting operation by some news reporters, Govt and /or concerned political parties become busy to find out how the news leaked and how to stop such leak in future than to take action against the person involved. Majority of Indian news media is also sold out to political parties and big industrial houses. MANY OF US ARE MORE CONCERNED ABOUT OUR IMAGE IN THE WORLD THAN REALITY. In such a situation it is really hard to keep faith on anything and remain positive about that country, unless you are too naïve or part of the gang who get their shares of the loot.
Complain about this comment
Although these rights are good for Indian, by contraries Chinese have different approach. Their late leader Deng Xiaoping said "let part of people get rich first", that means left others behind. I wonder which one is better. It seems Chinese are a bit pragmatic while Indian much dogmatic. Anyway Indian's way is politically correct.
Complain about this comment
Here is the my solution to most of the India's problems----India does not need more political motivated laws.
Democracy is great but Indians were not prepared for it after British left or should i dare to say we Indian don't deserve it but we rightly got rid of British. British fought back by leaving Indian bureaucrats to rule the country. India is not world biggest democracy but a world biggest ruling bureaucracy. We need to get rid of British type of bureaucracy from India as soon as possible.
Secondly there are only two classes of people in the world rich and poor. Indian still got 500 classes like maharajahs, princess, queens 100 different casts and 150 different religions. Where majority of the lower casts are treated worse than animals in this 21 century.Gandhi went all the way to South Africa and fought for Apartheid and South Africa is better place now.We Indians need to wake up to this cancer of casts and religions not only to progress but survive. They tolerated Moguls for 300 years and then British 300 years but still treating 45% of its own people worse than animals.Indians are the most Hypocrites in the world
Thirdly, get rid of British law based courts from India they are great for British but not fit for Indians to get justice.what purpose of any rights when every judge from lower courts to supreme court are for sale. We all heard about British politician for sale but no judges, you may find one or two.
Finally, get rid of nepotism from India and bring back meritocracy and make India proud again..China sending Maos to sort you out otherwise.Wake up young Indians world is moving very fast next door
Complain about this comment
Mr. Bakedbeans, Do you think Iraq and Afghanistan are spending their budget money more for education than for to buy arms?!! They are no better than India for this matter. But in literacy they are better than us. India should be proud to say that we have atom bomb and also the poorest and the most illeterate people of the world living in inhuman condition!!! I am sure you are not a part of them. I see lot of reality because I work in a country where there is the real democracy. In India although we say we are a democratic country we dont have much of a human right and we are not shown all that happens in the world. So, Mr. BakedBeans wake up!!
Complain about this comment
I think we have about half a dozen decent sincere political leaders at the top in India. The forces of reaction are definitely stronger than the forces of change at this point. To my dismay, I find that almost universally, from the top to the bottom of Indian society there is a strong determination to preserve the status quo. A poor man does not want an even poorer man to be equal to him! The will or desire for social change does not seem to exist at any level. The vertical view of relationships permeates Indian society, it's deeply embedded. Have you ever noticed how you are often asked quite impertinent personal questions on a first meeting in India. This does not stem from a childish curiosity -- the person is trying to determine your rank and status before settling into any relationship. You cannot legislate goodness and fairness, when even the victims don't want it!
Complain about this comment
Soutik,
Thanks for a thought-provoking post. As is commong knowledge, the Indian State's weakness lies in service delivery. Our laws are progressive, the rights enshrined in the constitution have noble intent and are a necessary first step towards tackling the glaring inequities that exist in the country.
Let me draw a parallel with the only other large, heterogenous democracy that in many ways sees political debate similar to that in India - the US. It took the US 109 years since the abolition of slavery (1865) until 1974 when the last of the Jim Crow segregation laws were repealed. Similarly, it took 70 years since FDR's "New Deal" in the 1930's for the country to legislate on the right to universal healthcare, Barrack Obama's recent achievement.
By contrast, India is a young democracy facing many of the challenges that the US faced in its formative years - social inequity, diverse populations, entrenched social heirarchies. It also has a lot going for it - a burgeoning economy, a large educated and upwardly mobile middle class, world-renowned human resources and talent etc. In order to keep up the pace of development that India has seen in recent years (strong economic growth, improved healthcare, improved primary schooling), it is necessary for the current generation to work on delivery. We need to ensure that we know our rights, demand their assertive implementation and hold the state responsible. This is how generational change works - its a series of continuous steps with the declaration of rights as a starting point - as Mahesh Rangarajan points out in his quote.
Complain about this comment
Hi,
I believe as being an Indian.. India has law & order at all. "bring food home" under that Politician bring food home instead poor. The problem is WHO CARES. Gandhiji teach "satya-grah" but for what? If we consider Gandhi's theory is right then all Religious leader or god like Krishna, Mohamed's theory wrong?? Is it fair to go for hunger (starvation) against whole dirty politics... that is gandhi who has backed with millions of Indian that time. Now a days if you need something... in india as we know GO WITH THE FLOW. DON'T TRY TO SWIM AGAINST STRIDE OTHERWISE YOU WILL DROWNED.
Whatever happening in India.. who likes it? but who cares?? unless it hurts someone called who......... then we talk....
its nice to see some kind of news like this.. but disappointment is.. news.. media is interested to find news like this.. but atleast give address so we can help.......
thanks for your post... i really appreciate.
Complain about this comment
Dear Pritam, you are out of touch of reality or too much influenced by corporate or Govt sponsored propaganda.
India does not have "improved healthcare, improved primary schooling". India now has the highest death due to diarrhoea in the world. Nearly two-third of India has no access to sanitation even today. In terms of malnutrition among children, India today found itself ranked with Ethiopia.
With a literacy rate of 65%, India compares poorly to not just industrialised nations but also several much-poorer economies, such as Vietnam (90% literacy), Zambia (80%), Tanzania (77%), and Cambodia (70%). Only 21% of the teachers in Bihar are class X pass. In one of the most prosperous states in India, Gujarat, over 55% of the teachers have not got beyond the secondary stage of schooling. The only state which comes near Gujarat in terms of the low quality of teachers is Karnataka, another highly prosperous state in India, with about three-fourths of its teachers having studied only up to the higher secondary level". Such data also implied that prosperity of few people (that inflate the macro level data like GDP, par capita income) does not mean prosperity for common people (or the country as a whole). The same “prosperous” states like Gujarat and Karnataka also do worse as compared to “least developed” states like Assam in term of hunger and social well being (the overall hunger index for India is worse than many “least developed” countries” like Cuba, Uganda, Sudan. Such facts imply that “trickle down” effect of “development” or “prosperity” as many seem to justify, can never be translated to the common people of the country unless strict oversight and transparency in governance is present. This is true for any country, be it USA or India.
India is among the least innovative nations in the world, as per published report. Quality of Indian science education and research is going down (Check scopus database) at an alarming rate since independence, despite of huge increase in funding, even admitted by ex-IISc director Dr. P Balram ( Balaram, P (2002): Science in India- Signs of Stagnation. Current Science 82, 193-194). Our best institutes produce nothing but trained technicians, NOT scientist or technocrat. The only research organization that went public scrutiny is DRDO, the much hyped organization for its many high profile projects. DRDO failed miserably so far accountability and quality of research is concerned. Our Education system favours the rule of mediocrity by replacing genuine talents with private tuition and coaching enabled students with great mugging up ability.
Complain about this comment
Law.. Justice.. act, all these terms are appear in school books,History and civcs.. nowhere in reality.
Our greatest and current issue is poverty and corruption.Corruption has reached its wild form,no way to stop this virus.
Poverty..I object if anyone blame politicians or our dead laws are alone responsible for this poverty.
How many people are ready to work under the so called poverty line??
Every basic needs are provided in free then who will come forward to work??
Don't say nothing is given free..something is given free.
First try to help them to get a job..then they can get all those basic needs by them.
Next stage even if we provide them job,what those people do with the money?? nothing different they spend in wine shops!!
Sadness, everyone would have seen the quotes on wine shop - "drugs are harm to home and nation.. cigars are harm to lungs.." lolz why still government running them?? simple. "The most deadly and selfish specious in earth is none other human beings".Pathetic,Government need revenue.
Wine shops cannot be extinguished.if so the case why the opposing politicians simply sound and blame the ruling parties?
Like these wine,panparks,cigar there was another business that ruined many indian families,turned medium class to empty class people etc "Lottery paper".We all have seen people early morning scratching it and all time seeing newspaper for results.Its happy to say that Tamil Nadu government had eradicated that lottery culture. First step to eliminate laziness among people.Its great right??
Complain about this comment
We all will be happy if the wine shops and cigars are also comes to end.
This will have great impact on poverty.Everyone will agree on this point..
So what with the people who are willing to work and yet they are beggars and under poverty line??
again same words,Why we give them money, free food,free education for their children,clothes etc? government instead of spending crores on such can provide them a job.. If you say government is doing that also, my goodness then im sorry for my quotes.really if government providing such jobs for poor,beggars etc kind request to them can make it more effective..
We see beggars over the gateways of temples, railway station platforms.
If we approach them and say same thing, am afraid how far the reply will be good..
Why These politicians have power they can guide them,teach them help them to put into simple job like where they beg,clean the place,sweep the temple,cleaning the railway stations etc..
Railway is a big network iam sure government can offer many such people jobs.. We may need many supervisors, night watchman's etc..
Many government hospitals need more cleanliness,sure they all lack of people to do so.
P.S: The above things can suite to only for people who really want to work instead of begging.No issue if wine shops are shut down we can find many people interested in life.
If politicians really wish to turn things around they can.There is nothing with the law or act or justice which is framed by British or independent India.
Complain about this comment
View these comments in RSS